France told its ban on British beef is illegal

France's ban on British beef is illegal, a senior adviser to the European Court of Justice said yesterday, giving a boost to the UK's hopes of forcing an end to the French embargo.

In his opinion to the European Court of Justice, the Advocate General, Jean Mischo, said France "could not" refuse to implement a Europe-wide decision to allow British meat to be exported – albeit under stringent conditions.

The advice is not the final word in the case and judges in Luxembourg will give their formal ruling either at the end of this year or at the beginning of next. But, in four out of five cases, the final judgment mirrors the advice given by the Advocate General.

Despite the setback, France seems determined to pursue the case to the end. "I have not changed my opinion," said Jean Glavany, the French Agriculture Minister. "Today, there is no reason for us to lift the ban."

A spokesman for the Department for the Environment, Food and Rural Affairs said: "We have always said that France was in contravention of EU laws and the Advocate General appears broadly to agree with that. We would hope that the French would take notice of their increasing isolation and the increasingly shaky legal ground on which they are standing, and fulfil their obligations to lift their ban".

France did have one crumb of comfort from yesterday's opinion, which said that the government in Paris was entitled to stop imports of British beef via third countries. The Advocate General justified this on the ground that the French decision was taken "in the absence of a complete set of Community rules concerning traceability and labelling". That meant that there was insufficient information for products to be recalled if necessary.

British officials said they had no figures for the amount of exports that usually went through third countries but believed it to be small proportion with the possible exception of processed meat products.

Despite yesterday's news, the British beef industry still faces a massive struggle to regain its old markets.

In 1996, the European Commission announced a global export ban on British beef as the BSE epidemic gripped the UK. It was relaxed in 1999 when Britain was allowed to resume limited exports under strict conditions, and all EU nations except France removed their embargoes. The government in Paris, conscious of public alarm over the previous health scare, cited continuing worries of its own scientific experts over mad cow disease.

The case was taken to the European Court by the European Commission, which argues that France is breaking its treaty obligations by refusing to comply with its ruling. If the judges support the Advocate General's opinion the government in Paris will either have to lift the ban or face the prospect of new legal action which could result in huge fines.

Even if the French finally remove the ban, demand for British beef in France is likely to be very limited.